Employee Law Challenge

1. Employee Law Challenge

2. Requires employers to pay men & women similar wage rates for similar work? 0 Seconds Remaining • Civil Rights Act (1991) • Equal Pay Act (1963/1972) • Employee Discrimination Act (1978) • ADA (1990) Name the Act… 2 point question

3. Equal Pay Act • Similar wages for similar jobs, skill, effort, responsibility & work conditions. • Pay distinctions can be made based on seniority, merit, quantity & quality of performance • Enacted in 1963 as the Equal Pay Act & then amended by the Equal Opportunity Act of 1972

4. What does your spouse/partner do? 0 Seconds Remaining • Legal • Illegal Is it legal… 1 point question

5. Is information concerning a name change necessary to check work records or education? 0 Seconds Remaining • Legal • Illegal Is it legal… 1 point question Is it legal… 1 point question

6. Illegal to ask… • Inquiries about names indicating national origin • Inquiries about names changed: • Due to court orders • Due to marriage • Marital status • Could indicate sexual orientation • Some companies favor people who are married

7. Allows victims of discrimination based on race, sex, religion & disability to collect damages. 0 Seconds Remaining • Title VII of the Civil Rights Act (1964) • ADA (1990) • Civil Rights Act (1991) Name the Act… 2 point question

8. The difference • Civil Rights Act • Allows victims to collect compensatory or punitive damages and to demand a trial. • Title VII of the Civil Rights Act • Unlawful for employers to discriminate based on race, color, national origin, religion or sex.

9. How large is your family? 15 Seconds Remaining • Legal • Illegal Is it legal… 1 point question

10. ___ was implemented in the early 1990s giving people with disabilities sharply increased access to services and jobs. 0 Seconds Remaining • ADA • Rehabilitation Act • Civil Rights Act Name the Act… 2 point question

11. Acts • Rehabilitation Act • vocational rehabilitation, supported employment, independent living, & client assistance • ADA Provides greater access to employment opportunities • Prohibit employers from discriminating against qualified persons with disabilities • Prohibits use of screening methods or employment standards that discriminate unless they are job related

12. Would you need accommodations to perform this job? • Legal • Illegal Is it legal… 1 point question

13. ADA • requires that the employer provide a reasonable accommodation to candidates with disabilities unless the employer can prove the accommodation would cause significant difficulty, expense, or change the essential functions of the job duty

14. Do you rent or own your own home? 0 Seconds Remaining • Legal • Illegal Is it legal… 1 point question

15. 0 Seconds Remaining Which of the following is illegal? • If hired, can you furnish proof of age? • After hiring – ask ee to provide proof of age by birth certificate • Prior to hiring - ask “What is your date of birth?” Is it legal… 2 point question

16. 5 Seconds Remaining To a person with a disability…How would you perform XYZ task (an essential function)? • Legal • Illegal Is it legal… 1 point question

17. People with Disabilities • Rehabilitation Act of 1973 • Forbids employers from asking job applicants general questions about: • Whether they have a disability • The nature or severity of the disability • Must prove that any physical or mental requirements are due to “business necessity” & the safe performance of the job

18. People with Disabilities • Ask accommodations only after the person has interviewed & is considered for employment • Must make reasonable accommodations if they do not cause undue hardship • Alteration of duties • Alteration of physical setting • Provision of aids

19. 0 Seconds Remaining How was your foreign language acquired? • Legal • Illegal Is it legal… 1 point question

20. 0 Seconds Remaining What is the name and address of persons to be notified in case of an emergency • Legal • Illegal Is it legal… 1 point question

21. In case of emergency • Can ask person to notify • Can’t ask relative to notify

22. 0 Seconds Remaining Which one is legal? • Before hiring – ask for a photo • After hiring – ask for a photo for identification • During the interview – take a photo of the interviewee Is it legal… 1point question

23. 3 Seconds Remaining Can you legally work in this country? • Legal • Illegal Is it legal… 1 point question

24. 15 Seconds Remaining Which is illegal? • Bus driver – Do you have any DUI convictions? • Any job – Have you ever been arrested? • Day camp – Do you have any child related convictions? Is it legal… 2 point question

25. 0 Seconds Remaining Which of these are legal? • Does your religion allow you to work on Christmas? • What religious holidays will you need to take off for? • What is the name of your minister? • None of the above are legal Is it legal… 2 point question

26. 0 Seconds Remaining Which of these are legal? • Have you ever been disciplined for violating a previous employer’s policies about drug, alcohol, and tobacco use? • Do you use illegal drugs? • Both questions are legal • Both questions are illegal Is it legal… 2 point question

27. 0 Seconds Remaining The Pregnancy Discrimination Act of 1978 makes it illegal to… • Refuse to hire someone pregnant • Fire someone for being an unwed mother • Fire someone for having an abortion • All of the above • Only 1 & 2 Name the Act… 2 point question

28. Pregnancy Discrimination Act of 1978 • Protects married & unmarried women • Protects pregnancy, childbirth & abortion issues • Can’t refuse to hire or fire based on the above items • Can’t change insurance benefits due to these

29. 0 Seconds Remaining What is the name of your spouse? • Legal • Illegal Is it legal… 1 point question

30. 15 Seconds Remaining ___ allows family members to take up to 12 weeks of unpaid leave in a 12 month period for family & health reasons • ADA (1990) • Rehabilitation Act of 1974 • Title VII of the Civil rights Act • Family & Medical Leave Act of 1993 Name the Act… 1 point question

31. Family & Medical Leave Act of 1993 • Applies to males & females • Impact immediate family • Issues covered • Child birth or adoption • Acquisition of foster child • Sick parent • Applies to all gvt employers & private employers with 50+ ee’s

32. 15 Seconds Remaining Age Discrimination Act of 1967 makes it illegal to… • Discriminate against someone over 40 years of age • Reduce an older worker’s wage rate • Require older workers to pay more than younger workers for benefits • All of the above • Only 2 & 3 Name the Act… 2 point question

33. Age Discrimination Act of 1967 • Age of 40 • Unlawful to • Refuse to hire based on age • Reduce older worker’s wages • Require worker to pay more for benefits or reduce benefits • Applies to gvt & private employers with 20+ ee’s

34. 14 Seconds Remaining If you wanted to hire a certain gender for a position or have an age limit on a specific job, what would you need to get to do this? • BFOQ – Bona Fide Occupational Qualification • Civil rights exemption • Age & gender discrimination exemption • Fair hiring practices amendment Name the Act… 2 point question

35. Bona Fide Occupational Qualification • Needed if a position purposefully discriminates based on age, race, gender, religion • Examples: • Male locker room attendant • Military age limit

36. This job required heavy lifting. What is your height & weight? • Legal • Illegal Is it legal… 1 point question